VZCZCXYZ0002
OO RUEHWEB

DE RUEHKA #0805/01 2290852
ZNR UUUUU ZZH
O 170852Z AUG 09
FM AMEMBASSY DHAKA
TO SECSTATE WASHDC IMMEDIATE 9323

UNCLAS DHAKA 000805 
 
SIPDIS 
 
DEPT FOR INL/AAE (VIVITA ROSENBERGS), 
DOJ FOR OPDAT BARBARA BERMAN 
 
E.O. 12958: N/A 
TAGS: ASEC BG KCRM PGOV PREL SNAR SOCI
SUBJECT: FY2009 PROJECT PROPOSAL FOR INL LAW ENFORCEMENT 
DEVELOPMENT PROJECT - DHAKA 
 
REF: SECSTATE 054065 
 
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Summary 
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Post believes INL funds for law enforcement can most 
effectively focus on a program providing highly 
skilled legislative and technical support in the areas of 
prosecutorial and judicial reform.  Embassy Dhaka requests 
INL concurrence for the use of $200,000 for the 
project as outlined in this cable. 
 
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¶A.    Title/Estimated Cost/Priority 
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Title:  Resident Legal Advisor (RLA) Program - Law 
Enforcement Restructuring, Reform, and Operations 
 
Estimated Cost:  $200,000 
 
Priority:  Priority one out of one projects 
 
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¶B.    Background to the Request 
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This activity is an outgrowth of past US activities 
and experience with the failings within the Bangladeshi law 
enforcement and judicial sectors.  The US Department of 
Justice (DOJ),s Office of Overseas Prosecutorial 
Development Assistance and Training (OPDAT) placed its 
first RLA in South Asia (at Embassy Dhaka, covering 
Bangladesh) in March 2005.  The current RLA arrived in 
Dhaka in September 2008. The RLA presently implements and 
supports primarily NADR-funded programs aimed at 
strengthening the Government of Bangladesh,s anti-money 
laundering/terrorist financing regime and improving the 
capability of Bangladeshi law enforcement to investigate 
and prosecute complex financial crimes. 
 
In addition, past INL funding in Bangladesh helped the 
government strengthen the capacity of law enforcement 
and of rule of law institutions to interrupt national and 
transnational human trafficking networks.  The RLA in 
Bangladesh and USAID used INL funding to provide training 
and technical assistance for law enforcement.  Assistance 
was also used to improve the legal framework for addressing 
human trafficking. 
 
As part of an INL-funded program, an intermittent legal 
advisor (ILA) was assigned to the US Embassy Dhaka between 
March and June 2009.  The ILA worked with Bangladeshi law 
enforcement authorities to establish best practices for 
mutual legal assistance requests (MLARs) to the US and 
other countries. 
 
This program request flows from the above activities 
and seeks to address broader problems and issues with 
Bangladeshi law enforcement and judiciary highlighted 
during the RLA,s prior activities.  In FY2009, as 
Bangladesh returns to democracy after two years of a 
caretaker government, U.S. government assistance can help 
support judicial reform and effective civilian law 
enforcement.  Bangladesh faces significant threats from the 
domestic and international criminals who take advantage of 
porous borders to conduct illicit activities, such as 
trafficking in persons, narcotics, arms, and terrorism. 
There is a strong need to support law enforcement and 
judicial reform through training and operational support as 
well as legislative efforts. Bangladeshi communities and 
individuals must be encouraged to work with law enforcement 
to reassert control over ungoverned spaces. 
 
The RLA program can clearly be integrated into the vision 
detailed in the Mission Strategic Plan (MSP) for the US 
Mission to Bangladesh for FY2009.   The MSP noted that 
&Bangladesh suffers from increasingly weak governance and 
deteriorating law and order, exacerbated by rampant 
corruption.8  The MSP adds, &In recent years, Bangladesh 
has also struggled with a sharp rise in violent 
extremism.8  In considering these conditions, the MSP 
concludes that &the overriding USG priority in Bangladesh 
is the promotion of Peace and Security ) primarily by 
countering terrorism and violent extremism and 
strengthening just and democratic governance.8  The MSP 
later advises that &the second priority area for USG 
assistance to Bangladesh is Democracy and Governance. 
Under this priority, the U.S. Mission to Bangladesh will 
 
work to(strengthen public institutions, promote greater 
transparency(increase service delivery, promote greater 
respect for human rights, and continue to combat human 
trafficking.8 
 
The RLA program allows for benefits to specific areas of 
law enforcement and the judiciary noted above (terrorism, 
financial crimes, human trafficking, etc) but also to a 
broader spectrum of legal development work.  Bangladesh,s 
ability to prosecute and adjudicate a variety of cases - 
including terrorism, trafficking, financial crimes, and 
corruption - are hindered by the multitude of problems in 
the procuracy and the judiciary.  The RLA program will also 
support a &whole of government approach8 by complementing 
other activities at the Embassy such as anti-human 
trafficking programs carried out by USAID and 
counter-terrorism initiatives overseen by members of the 
Post,s Counter-Terrorism Working Group. 
 
The proposed program will help build the fundamental 
capacity of Bangladesh,s prosecutorial and judicial 
systems. 
 
In the immediate future, the U.S. government plans to 
initiate a large community policing program funded by the 
Department of Defense (DOD) through 1207 funds.  The United 
Kingdom, Australia, and UNDP are among the international 
partners who have focused efforts on police reform in 
Bangladesh.  International efforts have been considerably 
less in the areas covered by the proposed RLA program, in 
particular prosecutorial reform.  International players have 
initiated limited projects aimed at the judiciary but close 
observers would acknowledge that much work remains to be done 
in the sphere of judicial reform. 
 
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¶C.    Goal 
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Through the proposed program, the RLA will seek to develop 
an effective criminal justice system, which is required to 
address transnational threats and to support a democratic 
government that respects human rights.  The RLA program 
also aims to train and develop a career prosecutor corps 
and depoliticize the appointment of prosecutors and 
judges.  The RLA program will complement other US 
government assistance projects to develop the capacity of 
law enforcement agencies and the criminal and judicial 
system.  As detailed above, the program supports MSP goals. 
 
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¶D.    Project Description 
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FY 2009 will be the first year of an INL law enforcement 
development project in Bangladesh.  The RLA program 
in Bangladesh will be funded by the Department of State 
(DOS) and implemented by the RLA from the DOJ,s OPDAT. 
Initially, INL funds will support the formal assessment of 
the current performance of the Bangladeshi prosecutorial and 
judicial service.  In FY2009 and in subsequent years, such 
funds will result in training, technical assistance and 
equipment to develop and sustain the capacity of law 
enforcement agencies and the judiciary to combat criminal 
threats.  This project will complement the larger community 
policing program funded by DOD through the 1207 mechanism as 
well as the ongoing police training efforts of USAID 
(Anti-Combating Trafficking (ACT) program) and the Regional 
Security Office (ATA programs). 
 
The FY2009 INL program will increase the support to develop 
Bangladesh,s criminal justice system.  Through the 
provision of appropriate legal experts, including but not 
limited to the RLA, the RLA Office will develop training 
programs, symposia and conferences on the role of 
legislative reform in supporting the rule of law and other 
issues related to judicial reform.  A possible topic for 
the first training and legislative initiative could be 
establishing and developing a career prosecutorial 
service.  The FY2009 funds will play the important role of 
laying the ground work for an expanded INL development 
project in subsequent years. 
 
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¶E.    Performance Indicators 
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-- Performance measures for RLA efforts: 
 
(1) Training provided to members of the prosecutorial and 
 
judicial services strengthens their capacity and focus on 
the fundamentals of investigating, prosecuting and/or 
adjudicating major criminal cases. 
 
(2) Bangladeshi experts and legislators, working with DOJ 
and RLA input, develop concrete recommendations for 
improvements in substantive and procedural laws and 
regulations governing the conduct of major crime 
prosecutions and adjudication. 
 
(3) Legislation aimed at establishing viable, professional, 
and independent prosecutorial and judicial services is 
adopted. 
 
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¶F.    Sustainability 
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Since the establishment of the RLA Office in 2005, the RLA 
in country has maintained a positive working relationship 
with three separate governments (BNP, caretaker, and Awami 
League (AL)).  In the first months of the newly-elected AL 
government, the RLA has engaged in numerous discussions 
with the Law Minister, the Attorney General, and other law 
enforcement counterparts regarding areas of possible 
reform.  In particular, the Law Minister has highlighted 
the need for judicial reform and evidenced support for 
prosecutorial reform.  The resources and training programs 
furnished by the RLA in support of the instant initiative 
will help consolidate efforts in Bangladesh as well as 
enhance long-term capabilities and practices. 
 
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¶G.    Timeline 
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Timeline for this proposal is one year, with continuation 
for some projects expected in FY2010 and beyond. 
 
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¶H.    Evaluation 
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The RLA will continually evaluate goals and performance 
indicators and will make program adjustments, in 
consultation with INL, as appropriate.  The RLA will report 
to INL on an ongoing basis.  The RLA will work with the 
Embassy,s Political and Economic Section to monitor the 
legal situation in-country.  He will also consult the 
perception surveys developed by PACOM and USAID. 
MORIARTY